ZC24P00662 - [2025] EWHC 2691 (Fam)

The Guardian has filed two reports in these proceedings: the first is dated 19 May 2025 and the second is dated 26 September 2025. In her first report the Guardian indicates that she was unable to make any final recommendations in the absence of the report in relation to Dubai law. However, the Guardian did express significant concerns as to the way H’s welfare was being negatively impacted by the ongoing dispute between the parents. The Guardian observed that:

Further the Guardian concluded that:

“That said in my assessment the biggest risk factor for H is the animosity

and ongoing litigation over every aspect of her care. Her living arrangements

need to be settled and comprehensive orders, once again of how she safely

spends time with her parents, free from unpleasant scenes. While neither

parent is seeking to resile from some form of shared care there are ongoing

proceedings in the Dubai courts where I understand [mother] has applied

for sole custody.”

In her second report, the Guardian remained concerned as to the impact on H of being exposed to her parents’ conflictual relationship:

“As I said in my previous report what is of upmost importance to H is that her parents are friends and are equally involved in her life. Neither parent can at this stage contemplate moving country to enable this to be realised, which is to her detriment.

There is no ideal solution for H. This harmful litigation needs to stop and for H to enjoy her childhood. She requires her parents to not be

preoccupied with obtaining evidence against each other to use in court

proceedings. She is only five years old, and they have many years of parenting

ahead and they need to find a mechanism to communicate in their daughter’s

best interests as her needs will change over time.”

The Guardian’s overall recommendation is as follows:

“This is a finely balanced matter. There are losses for H in whatever

decision this court makes, the most important of all the loss of one parent in her

day-to-day life. However, there would be more losses for her should she return

to Dubai. She would be in a different country, not only from her father, but also

her maternal and paternal family. She would be reliant upon her mother, albeit

with good friends, for all her needs to be met, at a time when her mother is

adjusting to a dramatic change in her own circumstances and hopes for the

future.

On the finest of margins, I would respectfully recommend that H remains living in the United Kingdom.”

The Guardian makes the following additional recommendations:

“In my view the legal framework around H should best reflect the equal

role that each parent plays in her life, now and moving forward, wherever she

lives.

The zoom contact to remain at six times each week, with scope for her to be

allowed to speak to her mother at other times should H so wish.

In the circumstances of this case and without yet having the benefit of hearing the parent’s evidence it is difficult to be prescriptive about arrangements for H around time spent with her mother and where that would be given the

complexities surrounding travel in and out of Dubai by various family members.

Direct time with H and her mother in Dubai is dependent on the ability or

willingness of her parents to travel between the two countries. Clearly once

H is a little older, she could travel as an unaccompanied minor.

That H continues to spend time with her maternal relatives one weekend

each month.

In the future both parents should be allowed to travel overseas with H

during holiday periods. It is important that the travel itinerary and contact details

is provided to the other parent.

There should be scope to alternate Christmas, and for H to spend around

two thirds of the school holidays with her mother. She spent last Christmas with

her father and if possible, she could spend this Christmas with her mother. On

balance, it would be best for this to be spent in the United Kingdom as the first

Christmas after final hearing.

That [father] provides regular updates on H’s progress, health, and

wellbeing to [mother] and [mother] is allowed to have information about

H’s school and medical professionals so that she can contact them if she

so wishes.

Wherever H lives, the parents will need a means of communication, there

are applications other than Our Family Wizard, suggested by [mother], and

others which do not attract a cost such as https://www.appclose.com

Consideration to be given to parents giving some undertakings, to not apply for travel bans on each other, H or extended family or to make without notice ex-parte applications to either the English or Dubai courts.”